Lowell Claimform - Disputed o2 debt ***Claim Discontinued***

[Juno50]

Hi guys, merry Christmas and a happy new years.

I have received two letters since my response.

Hoping to get some advice.

They sound good to me.

 

 

docs1.pdf

[dx100uk]

yours is notthe next moved.

 

dx

 

[Juno50]

..

[fkofilee]

Thats fine - So it is a legit claim form

Will move your thread to Financial Legal Issues

[Juno50]

ok um that sounds a little worrying to say the least.  What do i do now 

 

[fkofilee]

Read - Copy Paste the claim form an fill it out here 

 

 

[Juno50]

Do i still have to respond to this claim form if i just phone the claimant and try setup a monthly repayment 

 

Because at this stage of my life i cannot afford to receive a ccj.

 

or is it too late to sort it out with the claimant in this case lowells? 

Edited February 5, 2020 by Juno50

[dx100uk]

no they rarely run these telecom debts thru to an actual hearing and discontinue a few days before.

 

I've tidied the thread from things we don't need to see

 

can you get that link done, copy and paste the questions back here and answer each one at it's end before hitting reply.

then we have everything to properly help you.

 

dx

 

[Juno50]

Name of the Claimant ? lowell portfolio ltd

 

Date of issue – 04 Feb 2020 

defence filing date 4pm 6th mar

 

Particulars of Claim

 

What is the claim for – the reason they have issued the claim?

 

1,The defendant entered into an agreement with 02 uk ltd under account reference xxxxxxxxx( the agreement)

 

2.) The defendant failed to maintain the required payments and the service was terminated.  

 

3.) The agreement was later assigned to 31/08/2016 and notice given to the defendant.

 

4.) Despite repeated requests for payment the of £4915.93 remains due and outstanding. And the claimant claims 

 

a) The said sum of £4915.93

 

b) interest pursuant to s69 county courts act 1984 at the rate of 8% per annum from the date of assignment to the date of issue accruing at tha daily rate of £1.077 but limited to one year, being £393.27

 

c) costs 

 

What is the total value of the claim? £5819.20

 

Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC ( Pre Action Protocol) ? Yes

 

Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? Yes

 

Did you inform the claimant of your change of address? Yes 

Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Mobile account 

 

When did you enter into the original agreement before or after April 2007 ?After 

 

Do you recall how you entered into the agreement...On line /In branch/By post ?In Branch 

 

Is the debt showing on your credit reference files (Experian/ Equifax /Etc...) ?Yes 

 

Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. lowell

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? Yes 

 

Did you receive a Default Notice from the original creditor? No

 

Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? No 

 

Why did you cease payments? Because i felt that what they did was completely illegal and would and could not provide evidence to prove i had used my phone while overseas.

 

What was the date of your last payment?12/12/2015

 

Was there a dispute with the original creditor that remains unresolved? Yes 

 

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Yes 

 

 

@dx100uk thanks for the response i think i have sent everything needed for now and answered all questions 

 

[fkofilee]

Edited your post... Had Account Ref in it

[Juno50]

Awesome thanks so much, really appreciate it! NIce to have help like you guys in a time like this. 

[dx100uk]

date top right of claimform please

[Juno50]

Thought i had put it in there, my bad. Its 04 Feb 2020 

[fkofilee]

9 minutes ago, Juno50 said:

Awesome thanks so much, really appreciate it! NIce to have help like you guys in a time like this. 

No worries... DX and Andyorch will keep helping... They may ask you to research... Please do... 

 

 

[Juno50]

At this point i am ready to do whatever it takes 

[dx100uk]

you'd put down a wrong defence filling date

you'd forgotten its a leap year

dates now corrected above.

 

pop up on the MCOL website detailed on the claimform.
[if mcol is not working return after the w/end or the next day if week time]
.
 register as an individual
 note the long gateway number given
 then log in
.
 select respond to a claim and select the start AOS box.
.
 then using the details required from the claimform
.
 defend all
 leave jurisdiction unticked
 you DO NOT file a defence at this time
 click thru to the end
 confirm and exit MCOL.
.
 get a CPR 31:14 request running to the solicitors [if one is not listed send to the claimant]
.

https://www.consumeractiongroup.co.uk/topic/332546-legal-cpr-3114-request-request-for-information-when-a-claim-has-been-issued/
..
type your name ONLY

no need to sign anything

 

 

[Juno50]

awesome will do!

 

[Juno50]

ok mcol is done and dusted. I want to edit the pdf for the CPR.  It wont let me, saying it needs a code?  am i missing something ?

 

, i can not edit the pdf so i have copied and pasted into word. 

 

I have gone through everything and fixed the issues etc. 

 

On the pdf version it say's on the CPR request number 1 ( remove if from if the claim is from North hampton MCOL CCBC)

 

My claim form is from the county court business centre the address is northampton, does that mean i remove number 

1) or not?

 

do i remove just number 1 or the entire 1-6?

[dx100uk]

just copy and paste the CPR 31:14 text from the post then not the PDF and type it out  ...

 

read 1, carefully. doesn't say anything about removing it

[Juno50]

ok awesome was just checking, only cause the PDF had said it.  Ok so everything you gave me has been done and filled in.  Awaiting next steps. ow and thanks again for the help!

[dx100uk]

just don't miss your defence filing date no matter what does or doesn't happen

 

time to do your bit now - selfhelp

research, read every thread here to do with lowells telecom claimform there are about 100

 

use our custom google search which comes up after hitting our top squares logo

 

 

[Juno50]

Will you be able to help me with that as well? Regarding the defence filing part. 

[dx100uk]

that question will answer itself when you start researching as above

[Juno50]

I have sent the recorded letter this morning, everything has been done my side.

 

I sat up reading about 50 of the telecom claims etc.

Feeling alot more positive about the whole thing.

 

Is there anything else I can do ?

Should I start doing my defence case letter?

 

Is there a generic one that one does and then re-do it to fit my case?

Only asking as most of the defence letters seem to start the same way 

[dx100uk]

mostly all defence here will be the same format - the no paperwork/holding defence you are seeing with simple adaptions to your specific POC